Blog Category: Trademark

Losing Interest in Initial Interest Confusion

The recent decision by the Ninth Circuit in MultiTime Machine, Inc. v. Amazon.com, Inc. could spell the beginning of the end of “initial interest confusion” as a cause of action in internet commerce cases. In this particular case, Amazon did not sell the watches made...

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Understocked on Survey Evidence

A recent Trademark Trial and Appeal Board (TTAB) decision in the matter of Overstock.com, Inc. v. J. Becker Management rejected Overstock.com’s opposition to the registration of this mark: Overstock.com had complained that the registration would cause confusion with...

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Could a Survey Have Saved This Trademark?

The Court of Appeals for the Federal Circuit (CAFC) has affirmed the TTAB’s ruling that NOPALEA is merely descriptive when used for a dietary supplement that contains Nopal juice. (John Welch blogs about the decision here.) TriVita (the applicant) contended that the...

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Supreme Court Raises the Stakes at the TTAB

The 2015 Supreme Court ruling in B&B Hardware, Inc. v. Hargis Industries means that the Trademark Trial and Appeal Board (TTAB) will get a lot more attention and resources than they have in the past. Previously, the TTAB was often viewed as nothing more than a...

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For Want of a Survey…

A recently decided case in the Middle District of Florida (Pods Enterprises v. U-Haul International) showed how the lack of survey evidence can seriously weaken a claim that a trademark is generic. Pods sued U-Haul for infringement of its federally registered “PODS”...

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